Where a Local Environmental Plan contains a condition precedent requiring that 'prior adequate arrangements have been made' for the provision of services, the Land and Environment Court on a merits appeal under s 39(2) of the LEC Act can substitute its own satisfaction with such arrangements but cannot itself make the arrangements on behalf of the council. The making of consensual arrangements remains exclusively the province of the council.
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
2 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.